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Home My WebLink About04-0171AMERICAN GENERAL FINANCIAL SERVICES, INC., successor to AMERICAN GENERAL FINANCE, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. GARY S. BOGGS and LAURIE MASON BOGGS, Defendants. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION -- LAW Action in Mortgage Foreclosure NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, and/or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17103 (717) 240-6200 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. 1~94.1 AMERICAN GENERAL FINANCIAL SERVICES, INC., successor to AMERICAN GENERAL FINANCE, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaimiff, VS. GARY S. BOGGS and LAURIE MASON BOGGS, Defendants. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -- LAW Action in Mortgage Foreclosure AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir del la fecha del la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17103 (717) 240-6200 TI:LIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. 16294.1 AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage@abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., successor to AMERICAN GENERAL FINANCE, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. GARY S. BOGGS and LAURIE MASON BOGGS, Defendants. Attorney for Plaintiff File No. L98007-0133 Plaintiffs Account No. 13526897 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,: PENNSYLVANIA No. CIViL ACTION -- LAW Action in Mortgage Foreclosure THE FOLLOWING NOTICE IS BEING PROMDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601: The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtors, within thirty (30) days after receipt of this notice, dispute the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtors notify the undersigned attorney in writing within the said thirty (30)-day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attomey shall obtain written verification of the said debt from the Plaintiff and mail the same to Debtors. Upon written request by Debtors to the undersigned attorney within said thirty (30)-day period, the undersigned attorney will provide Debtors with the name and address of the original creditor if different from the current creditor. By: Atto imey ~ 16294. l husband and wife, residing at 21 Cherry Grove Road, Shippensburg (Southampton Township), Cumberland County, Pennsylvania 17257. 3. Defendants Gary S. Boggs and Laurie Mason Boggs appear of record as sole owner of the premises which are the subject of this in rem mortgage foreclosure proceeding, known generally as 21 Cherry Grove Road, Shippensburg (Southampton Township), Cumberland County, Pennsylvania 17257 (the "Premises"). A narrative legal description is set forth in a deed dated October 27, 2000 and recorded November 6, 2000 in Deed Book Volume 233, page 458 et seq., Cumberland County Records. 4. On April 23, 2001, the Defendants executed and delivered to the Plaintiffa promissory note in the original principal amount of $178,534.25, in consideration ora loan from the Plaintiff to the Defendants (the "Note"). 5. Also on April 23, 2001, as collateral security for repayment of all sums advanced pursuant to the Note, the Defendants as mortgagors executed and delivered to the Plaintiff as mortgagee a mortgage (the "Mortgage"), which Mortgage was recorded on April 25, 2001 in Record Book 1695, page 652 et seq., Cumberland County Records, and which Mortgage encumbers the title to the Premises. 6. True and correct copies of the Note and the Mortgage are attached hereto, collectively marked Exhibit A, and incorporated by reference. 7. The Plaintiffis the owner and the holder of the Mortgage and the Note, and has not assigned any interest in either. 8. The Defendants are in default of their obligations to the Plaintiff as owner and holder of the Mortgage and the Note, by reason of failure to pay installments of principal and interest when due. 9. The following amounts are therefore due and owing on the account evidenced by the Note and secured by the Mortgage: (a) Principal Debt: ........................... $270,726.82 (b) Late Charges .................................. - 0 - -2- (c) Accrued interest through 01/07/04 ............. 11,188.96 (d) Reasonable attorney's fees (5%)* ............. 13,536.34 (e) Satisfaction fee ................................ 35.50 TOTAL AMOUNT DUE ..................... $295,487.32 *(NOTE that the indicated sum (5% of the principal debt) reflects a maximum amount that the Plaintiffmay claim for its attorney's fees in the event of a third-party execution sale only, based upon provisions in both the Mortgage and the promissory note for payment of "reasonable" attorney fees by the Defendants in the event of default and collection activity. If the defendant mortgagor reinstates the account, attorney's fees will be based upon work actually performed by plaintiff's counsel.) 10. In addition, interest at the rate of $81.59 per day on the unpaid principal balance will continue to accrue from January 8, 2004 until the default is resolved. Any payments which are allowable under the Mortgage or the Note and necessary to protect Plaintiff, relating to real estate taxes owed or which become due on the mortgaged properly, together with fire or homeowners' insurance premiums necessary to protect the Plaintiff, or any reasonable costs necessary to protect the property from waste or vandalism, shall also become due and owing by Defendants to Plaintiff when expended by Plaintiff. 11. The Plaintiff gave prior written notice of its intention to initiate these proceedings to the Defendants as follows: Pursuant to the provisions of Act No. 91 of the Pennsylvania General Assembly dated December 23, 1983, "The Emergency Mortgage Relief Act," and the Act of March 14, 1978 (P.L. 11, No. 6)("Act 6"), a notice in the combined form prescribed by Title 12, Chapter 31 of the Pennsylvania Code (the "Pre-Foreclosure Notice") was mailed by regular first class mail and by certified mail, return receipt requested, to the Defendants at the Premises under date of September 2, 2003. A tree and correct copy of the Notice, together with mailing receipts, is attached hereto, marked Exhibit B and incorporated by reference. Accordingly, the Pre-Foreclosure Notice has been properly served upon all parties in interest. To the Plaintiff's knowledge, the Defendants have taken no action in response to the Pre- Foreclosure Notice. Accordingly, the Plaintiff is at liberty to proceed with this foreclosure action. 16294.1 -3- WHEREFORE, Plaintiffprays for the entry of judgment, in rem only. in favor of the Plaintiff and against the Defendants, in the sum of $295,487.32, together with interest at the daily rate of $81.59 from January 8, 2004, and additional late charges (if any), costs of suit and sale as they appear of record, any taxes, assessments and for foreclosure and sale of the mortgaged premises. Dated: January el, 2004. AUSTIn, BO/~ ~,~OR& GIORGI By: ~i!m~ox ~Page~Jr., Esquire for Plai~ ~ 1629~1 -4- EXHIBIT "A" A m~tes and bounds description wit~ ~e buildings and impro- vemen=s theron erected, situate, lying and being in Southamp=on Township, Cumberland County, Pennsylvania and more particularly described in a Deed reuor~ed On 1~/06/2000, i~ Book 233 at Page 458 in the Land Records of Cumberland County, State of penns- Parcel No.39-~4-017~-068 ~ EXHIBIT "B" Law Offices of AUSTIN, BOLAND, CONNOR & GIORGI 44 North Sixth Street P. O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage~abcglaw, co,.n Clemson N. Page, Jr., ext. 131 September 2, 2003 CERTIFIED MAIL/RETURN RECEIPT REQUESTED and Regular Mail Mr. Gary Boggs 2l Cherry Grove Road Slfippensburg, PA 17257 Ms. Laurie Boggs 21 Cherry Grove Road Shippensburg, PA 17257 ae~ American General Financial Services, Inc., Mortgagee Gary Boggs and Laurie Boggs, Mortgagors Account No. 13526897 Our ~e no. L98007-0133 Dear Mr. and Mrs. Boggs: The following is m~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your property described below is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the_ 14~3.1 Page 1 of 8 a~ached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the pro,ram works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counselina Aaencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housina Finance Aaenc¥ toll free at 1-800-342-2397 (Persons with impaired heating can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTI2~ICACIO EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTIN-UAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAM LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H~OTECA. HOMEOWNER'S NAMES : RESIDENCE ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Gary Boggs and Laurie Boggs 21 Cherry Grove Road, Shippensburg, PA 17257 13526897 American General Consumer Discount Company American General Consumer Discount Company 14713.1 Page 2 of 8 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. W YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: - IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, - IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND - IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCIAL AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. Dtwing that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BtLING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-- If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of the desi~mated consumer credit counselin~ a~encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise you lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Progrmn. To do so, you must fill out, sign and file a complete Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit cotmseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have the applications for the program and they will assist you in submitting a complete Page 3 of 8 application to the Pennsylvania Housing Financial Agency. Your apphcation MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. 1~ YOU FAIL TO DO SO OR ~ YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the elig/bility criteria established by the Act. The Pennsylvania Housing Financial Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency o fits decision on your application. NOTE:/~' YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDEKED AS AN ATTEMPT TO COLLECT THE DEBT. (Il'you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it up to date). NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your properties located at 21 Cherry Grove Road, Shippensburg, Cumberland County, PA 17257 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following anaounts are now past due: June 2003 ........................................... $1,934.92 July 2003 ............................................ 1,934.92 August 2003 .......................................... 1,934.92 TOTAL ARREARAGE AS OF 09/02/03 ................. $5,804.76 HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,804.76, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and _sent to: Page 4 of 8 Ronald L. Umbrell, Branch Manager American General Financial Services, Inc. 777 Wayne Avenue Chambersburg, PA 17207 IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If fulI payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose ~upon YOUR RESIDENCE. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default with/n the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHEP, XFF'S SALE-- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the fight to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other char~es then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs com~ected with the Sheriff's Sale as specified in writin~ by the lender and by performin~ any other requirements under the mortgages. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged properties could be held would be approximately 150 days from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. 14715.1 Page 5 of 8 HOW TO CONTACT THE LENDER: Name of the Lender: Address: Phone Number: Fax Number: Contact Person: American General Financial Services, Inc. 777 Wayne Avenue, Chambersburg, PA 17207 (717) 263-8493 (717) 263-1033 Mr. Ronald L. Umbrell, Branch Manager EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy your residence. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- You may not sell or transfer your mortgaged property to a buyers or transferees who will assume the mortgage debt, without the prior approval o£the Lender, which will require as a minimum that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: - TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BOP_ROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. - TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF - TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS Dr NO DEFAULT HAD OCCURRED, Dr YOU CURE THIS DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) - TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. - TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. - TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR 14~$.1 Page 6 of 8 COUNTY, PLEASE SEE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity ofth/s debt or any port/on thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days fi.om receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment if one has been e~tered against you and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request this office in writing within thirty (30) days after receiving, this office will provide you with the name and address of the orig/nal creditor. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY, THIS COMMUNICATION SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT RATHER AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST REAL PROPERTY WHICH SURVIVED THE DISCHARGE IN BANKRUPTCY. Sincerely ~ ars, AUST]}4/E )LAND, CONNOR a GIORGI American cc: Mr. Ronald L. Umbrell - ' (Chatn-b-ersbm'gg-"~ Page 7 of 8 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Urban League of Metropolitan Harrisburg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 Community Action Commission 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 YWCA of Carlisle 30I G Street Carlisle, PA 17013 (717) 243-3818 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 NOTE: Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is vali& If you notify th/s office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of suchjudgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. If you request Iris office in writing within thirty (30) days after receiving, this office will provide you with the name and address of the or/ginal creditor. 14713.1 Page 8 of 8 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Adicle Addressed to: ~s. Laurie Bogg~ 21 Cherry Grove Road Shippensburg; P~ 17257 2. Article Number PS Form 381 1, August 2001 A. Signature C. Date of Deliv D. Is deiiveW add.ss different from item 1 ? ~ Yes If YES, enter delivew address below: ~ No 3. ice Type ~cicie(rtified Mail Express Mail .~Exp [] Registered t~turn Receipt for Merchandi [] Insured Mail '~] C.O.D. 4. Restricted Delivew? (,~'fr~ Fee) [] Yes 7003 0500 0000 7622 1881 Domestic Return Receipt U.S. POSTAL SERVICE CERTIFICATE OF MAILING_ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll-,, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From; Clemson N. Page, Jr., Esq. 44 lq. 6th Street P.O. gnx g521 Reading, PA 19603 Orca piece of ordinary mail addressed to: Ms. Laurie Boggs 21 Cherry Grove Road ~h4 ppensburg, PA 17257 ¢ sbo"7 - / 53 PS Form 3817, Mar, 1989 ,/ U.S. POSTAL SERVICE CERTIFICATE OF MAILIN~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N PROVIDE FOR INSURANCE POSTMASTER Received From: Clemson N. Page, Jr., Esq. 44 N. 6th Street P 0 ~mw Sq?l Reading, PA 19603 One piece ~f ordinary mail addressed to: Mr. Gary Boggs 21 Cherry Grove Road Shippensburg, PA 17257 PS Form 3817, Mar. 1989 (Am. Gen. v. Boggs L98007-0133) VERIFICATION I, Clemson N. Page, Jr., Esquire, verify that I am a member in good standing of the Bar of the Supreme Court of Pennsylvania, and that I am engaged as counsel for American General Financial Services, Inc., fo,~erly known as American General Finance, Inc., trading and doing business as American General Consumer Discount Company, named as Plaintiff in the foregoing pleading. I have prepared the foregoing Complaint on the basis of information which my client has supplied to me, and verified the same. The facts stated therein are true, correct and complete to the best of my knowledge information and belief. I make this verification subject to the provisions of 18 Pa. C. S. § 4904, which penalizes unsworn falsifications to authorities, and further subject to the Attorney Disciplinary Rules of the Supreme Court of Pennsylvania. Dated: January 7, 2004. C squire Pennsylvania AIl-6rney No. 25616 Attorney for Plaintiff. SHERIFF'S RETURN - CASE NO: 2004-00171 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL FINANCIAL VS BOGGS GARY S ET AL REGULAR BRYAN WARD , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 16th day of January , 2004 by handing to ADULT IN CHARGE - MORT FORE together with says, the within COMPLAINT - MORT FORE BOGGS GARY S DEFENDANT , at 1624:00 HOURS, at 21 CHERRY GROVE ROAD SHIPPENSBURG, PA 17257 LAURIE MASON BOGGS, a true and attested copy of COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 o~ ~? Service 13.80 · .~,~,~ ~,? ~" /~z--~ Affidavit .00 'Y /~~ Surcharge 10.00 R. Thomas Kline .00 41.80 01/20/2004 AUSTIN BOLAND CON-NOR GIORGI Sworn and Subscribed to before me this 2J~ day of ~ :~44~/ ~;g~- A.D. ~ Prothonotary ' REGULAR SHERIFF'S RETURN - CASE NO: 2004-00171 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN GENERAL FINANCIAL VS BOGGS GARY S ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon BOGGS LAURIE MASON DEFENDANT , at 1624:00 HOURS, at 21 CHERRY GROVE ROAD SHIPPENSBURG, PA 17257 LAURIE MASON BOGGS a true and attested copy of COMPLAINT the on the 16th day of January by handing to - MORT FORE together with law, 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~{ day of , So Answers: R. Thomas Kline 01/20/2004 AUSTIN BOLAND CONNOR GIORGI By: heriff AUSTIN, BOLA_ND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 I610] 374-8211 Fax [610] 372-2361 E-mail: cnpage~abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, 1NC., successor to AMERICAN GENERAL FINANCE, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. GARY S. BOGGS and LAURIE MASON BOGGS, Defendants. Attorney for Plaintiff File No. L9'8007-0133 Plaintiff's Account No. 13526897 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 04-1'71 Civil Term CIVIL ACTION -- LAW Action irt Mortgage Foreclosure VERIFICATION THAT THE DEFENDANTS ARE NOT IN THE MILITARY OR NAVAL SERVICE OF THE UNITED STATES OF AMERI[CA I, Clemson N. Page, Jr., Esquire, attorney for AMERICAN GENERAL FINANCIAL SERVICES, INC., Plaintiff in this action, hereby certify that, to the best of my knowledge, information and belief', after reasonable inquiry, neither Defendant Gary S. Boggs nor Defendant Laurie Mascon Boggs is on active duty in the military or naval services of the United States of America; said Defendants are therefore not under the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. Defendants Gary S. Boggs and Laurie Mason Boggs reside at 21 Cherry 17209.1 -1- Grove Road, Shippensburg, Cumberland County, Permsylvania 17257. I make this Verification subject to the Attorney Disciplinary Rules of the Supreme Court of the Commonwealth of Pennsylvania and 18 Pa. C. S. §4904, which penalizes unsworn falsifications to authorities. Dated: March 17, 2004. C leff(on~. ~,~., E squire Attorney for Phfintiff Information Copy by Mail to: Mr. Ronald L. Umbrell, Manager American General Financial Services, Inc. 777 Wayne Avenue P. O. Box 9 Chambersburg, PA 17201 172o9.1 -2- AUSTIN, BOLAND, CONNOR & GIORGI By Ciemson N. Page, Jr., Esquire Attorney ID 25616 44 North Sixth Street P.O. Box 852l Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage~abcglaw.com AMERICAN GENERAL FiNANCIAL SERVICES, 1NC., successor to AMERICAN GENERAL FINANCE, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. GARY S. BOGGS and LAURIE MASON BOGGS, Defendants. Attorney for Plaintiff File No. L98007-0133 Plaintiffs Account No. 13526897 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 04-171 Civil Term CIVIL ACTION -- LAW Action in Mortgage Foreclosure PRAECIPE TO THE PROTHONOTARY: Kindly enter `judgment by default in favor of American General Financial Services, Inc., Plaintiff, and against Defendants Gary S. Boggs and Laurie Mason Boggs, and the premises at 21 Cherry Grove Road, Shippensburg (Southampton Township), Pennsylvania 17257, and assess damages as follows: Damages per Complaint .................... $295,487.32 Recalculation ad,justment .................... (84,996.57) TOTAL ............................ $210,490.75 Together with interest accruing at the rate of $59,7678 per day from March 18, 2004, and all costs of this proceeding. The lien of.judgment should relate back 17208.1 -1- to April 25, 2001, the date on which the mortgage which is the subject of this proceeding was recorded. I certify that, on February 19, 2004, I mailed to the Defendants the Notice a copy of which is attached hereto and incorporated herein by reference. Dated: March 17, 2004. AUSTIN, BOLAND, CONNOR & GIORGI By: Information Copy by Mail to: Mr. Ronald L. Umbrell, Manager American General Financial Services, Inc. 777 Wayne Avenue P. O. Box 9 Chambersburg, PA 17201 17208. J -2- AUSTIN, BOLAND, CONNOR & GIORGI By Clemson N. Page, Jr., Esquire Attorney ID 25616 44 North Sixth Street P.O. Box 8521 Reading, PA 19603 [610] 374-8211 Fax [610] 372-2361 E-mail: cnpage~abcglaw.com AMERICAN GENERAL FINANCIAL SERVICES, INC., successor to AMERICAN GENEKAL FINANCE, INC., t/d/b/a AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, Plaintiff, VS. GARY S. BOGGS and LAURI]E MASON BOGGS, Defendants. Attorney for Plaimiff File No. L98007-0133 Plaintiffs Account No. 13526897 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No. 04-171 Civil Term CIVIL ACTION -- LAW Action in Mortgage Foreclosure NOTICE DATED FEBRUARY 19, 2004 TO: Gary S. Boggs 21 Cherry Grove Road Shippensburg,, PA 17257 (Personal Service by Sheriff 01/16/04, per return flied of record). Laurie Mason Boggs 21 Cherry Grove Road Shippensburg,, PA 17257 (Personal Service Dy Sheriff 01/16/04, per return filed of record). YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 16863,1 HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE EITHER OF THE FOLLOWING OFFICES TO FIND OUT WHERE YOU CAN GET LEGAL ltELP: Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17103 (717) 240-6200 ~ , Jr., Esquire Attorney for Plaintiff THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE ~PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID CLAIM AGAINST PROPERTY, ~rItlCH CLAIM SURVIVES BANKJRUPTCY DISCHARGE. Information Copy to: Mr. Ronald L. Umbrell, Manager American General Financial Services, Inc. 777 Wayne Avenue Chambersburg, PA 17201 16863. l -2- U.S. POSTAL SERVICE CEF~TIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOV PROVIDE FDRINSURANCE POSTMASTER 44 North 6th Street P.O. BOA 8521 Reading, PA 19603 i~,' One piece of ordinary mai[ addressed to: Laurie Mason Boggs 21 Cherry Grove Road Shippensburg, PA 17257 #98007-133 PS Form 3817, Mar. 1989 ~_U.S. PO_STAL SERVICE CERTIFICATE OF MAILING MAy BE USED FOR DOMESTIC AND hWTERNATIONAL MAIL, DOES~ PROVIDE FOR INSURANCE--POSTMASTER Clemson N. Page, Jr., Esq. 44 North 6th Street P.O. Box 8521 Rca di-~-p~. 1 ..... ~ s. ~o~ 21 Cherry Grove Road ~Shi~enSbur-g~r_~4~ -ff9~o7-133~ PS Form 3817, Mar. 1989 L. C. Heim KATHERMAN & HEIM Attomey I.D. No. 23155 345 East Market Street York, PA 17403 (717) 854-5124 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK EXCAVATING COMPANY, INC. VS. LYONS CONSTRUCTION SERVICES, INC., and UNiTED STATES FIDELITY & GUARANTEE COMPANY, INC. : No. 04-471 Civil Term ; ~ PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter a judgment by default in favor of Plaintiff York Excavating Company, Inc. and against Defendant Lyons Construction Services, Inc. for failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty days from the date of service thereof. Defendant was served with the Complaint on February 9, 2004, and their Answer was due to be filed on February 29, 2004. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the Defendant at their last known address on March 9, 2004 which is at least ten days prior to the filing of this Praecipe. No Notice was sent to Defendant's attorney since no appearance has been entered on Defendant's behalf. Enter judgment in favor of Plaintiffand against ,De fe_r~lant Lyons Construction Services, Inc. for liability only. ~ DATE: March 22, 2004 L. C.~Heim, - Attorney for Plaintiff Judgment entered in favor ofplaintiffand against defendant, Lyons Construction Services, lnc. for liability only. ~ ~ Prothon tary ~ ~ L. C. Helm KATHERMAN & HEIM Attorney I.D. No. 23155 345 East Market Street York, PA 17403 (717) 854-5124 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YORK EXCAVATING COMPANY, INC. Plaintiff VS. :' ? : LYONS CONSTRUCTION SERVICES, INC. and UNITED STATES FIDELITY & : GUARANTEE COMPANY, 1NC. : Defendants : Civil Action - LAW No. 2003-SU-5038-Y-07 TO: Lyons Construction Services 5237 East Trindle Road Mechanicsburg, PA 17055 Date of Notice: March 9, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SETFORTHAGAINSTYOU. UNLESS YOUACTWITHINTENDAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone No. (717) 240-6200 NOTICIA IMPORTANTE USTED!:NO HA COMPLIDO CON ELAVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA DENTRO DE DIEZ (10) DIAS DESIDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDECIA Y USTED PODRIA PERI)ER SU PROPIEDAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SUABOGADO EN SEGUIDA. SI USTED NO TIENE, ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGADO, VAYA 0 LLAME A LA OFICINA ABA JO PARA AVERIGUAR A DONDE USTED PUED OBTENER LA AYUDA LEGAL. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR Cumberland County Court House Carlisle, Pennsylvania 17013 Attorney for Plaintiffs I. D. No. 23155 OFFICE OFTHEPROTHONOTARY OFCUMBERLAND COUNTY, PENNSYLVANIA Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 Telephone: (717) 240-6195 iN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA Plaintiff: YORK EXCAVATING COMPANY, INC. versus Defendant: LYONS CONSTRUCTION SERVICES, INC. and UNITED STATES FIDELITY & GUARANTEE COMPANY, INC. Judgment No.: 04-471 Civil Term CERTIFICATE OF RESIDENCE PA R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: 3096 E. Prospect Road, York, Pennsylvania 17402 AND CERTIFY THAT THE LAST KNOWN ADDRESS OF THE WITHIN DEFENDANTS ARE: LYONS: 5237 East Trindie Road, Mechanicsburg, PA 17055 USF&G: 5801 Smith Avenue. Baltimore, MD 21209 Attorney for Plaintiff